R. SEBASTIAN Vs. THAN VEER AHMED

JUDGEMENT

(1.) This appeal is filed by the complainant in C.C.No.643/2016 on the file of the Principal Civil Judge and JMFC, Madikeri, against the impugned order dated 11.01.2018, wherein the complaint filed by him against the respondent for the offence punishable under Section 138 of Negotiable Instruments Act, 1881, came to be dismissed for non-prosecution.

(2.) I have heard the learned counsel appearing for the complainant and the learned counsel appearing for the respondent.

(3.) It is the complainant's case that the cheque bearing No.023190 dated 29.11.2014 for a sum of Rs.1,00,000/- drawn on Federal Bank, Kushal Nagar Branch was issued to him by the accused in discharge of his legal liability and the said cheque when presented to the bank for encashment, it was dishonored with an endorsement "insufficient funds"? on 13.02.2014. Hence, a legal notice dated 15.12.2014 was issued and inspite of receipt of the said notice, the accused failed to make payment.